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8 Jul 2022, 4:05 am by Howard Friedman
" Here defendants had the right to hold religious ceremonies (with invited guests) on land ceded to the United States. [read post]
7 Jul 2022, 1:26 pm by Howard Bashman
“Supreme Court Needn’t Fear Political Backlash on Abortion; History shows that the justices can undermine their legitimacy with decisions that block popular measures like the New Deal, but not when they cede authority to policy makers”: Ramesh Ponnuru has this essay online at Bloomberg Opinion. [read post]
6 Jul 2022, 9:25 am by Josh Blackman
Justice Thomas makes this point in his dissent: More than two decades ago, this Court found it "difficult to conceive that the Constitution would have been adopted if it had been understood to strip the States of immunity from suit in their own courts and cede to the Federal Government a power to subject nonconsenting States to private suits in these fora. [read post]
6 Jul 2022, 9:08 am by Erik W. Weibust
Employees in these states must, therefore, rely on a court in another state to cede its own state’s sovereignty to the legislature of the employee’s home state. [read post]
4 Jul 2022, 9:05 pm by John C. Coffee, Jr.
Although the Schechter decision was seldom relied upon, it has lived on in the attic of antique constitutional rulings, experiencing only rare citations.[8] Following the New Deal, the pendulum swung in the opposite direction for the next half century, with courts ceding power to agencies. [read post]
4 Jul 2022, 5:26 am by Randy E. Barnett
[It officially adopted the American Theory of Government: First Come Rights; Then Comes Government to Secure These Rights] [This year, my annual post celebrating the Fourth of July is drawn from a chapter of Our Republican Constitution: Securing the Liberty and Sovereignty of We the People, and from a short essay on the same topic, The Declaration of Independence and the American Theory of Government: First Come Rights, and Then Comes Government. [read post]
1 Jul 2022, 2:38 pm
  The first was a commemoration of the passage of a quarter century since the formal end of U.K. control of a portion of Chinese territory and the ceding of sovereignty of another portion of territory that together constitutes the contemporary Hong Kong SAR. [read post]
29 Jun 2022, 3:26 pm by Suzanna Sherry
In both cases, the court held that by ratifying the Constitution, including the bankruptcy clause and the federal power of eminent domain, states had necessarily ceded their immunity as part of “the plan of the [Constitutional] Convention,” or in other words, as part of “the structure of the original Constitutional itself. [read post]
29 Jun 2022, 8:22 am by Suzanna Sherry
It held that by ratifying the Constitution, states ceded their sovereign immunity from suit under statutes (including USERRA) that Congress enacts pursuant to its authority under the war powers clauses of Article I of the Constitution. [read post]
24 Jun 2022, 12:20 pm by Benjamin Pollard
Ukrainian forces will leave their foothold in Severodonetsk, ceding the city to Russian troops, according to the Wall Street Journal. [read post]
24 Jun 2022, 5:01 am by Bob Bauer
As Moisés Naím has written, “[P]ower is seldom ceded voluntarily. [read post]
23 Jun 2022, 8:03 am
Russian natural resources and their markets may be worth ceding someone else's territory--and the liberal democratic camp is at its finest when playing the semiotic game of principled (or in this case pragmatic) rationalization. [read post]
22 Jun 2022, 6:00 am by Elin Hofverberg
The dispute also led to some lighthearted jabs in the Canadian House of Commons in 2011, when the opposition to the then-Conservative government of Prime Minister Stephen Harper suggested sending a cabinet minister to be the “ambassador” to Hans Island as a form of political exile, and the minister of foreign affairs gave a tongue-in-cheek response declaring: I will not cede sovereignty over Hans Island. [read post]
21 Jun 2022, 1:55 pm by David Greene
So, we sought to distinguish those situations where the platforms clearly abandoned editorial power and ceded editorial control to the government from those in which the government‘s desires were influential but not determinative. [read post]
14 Jun 2022, 7:00 pm
The Statement  follows:“Over the last couple months, we have engaged in constructive discussions with stakeholders on developing a robust, targeted outbound investment mechanism to ensure the United States is not ceding its manufacturing power in industries critical to our economic and national security to foreign adversaries. [read post]
11 Jun 2022, 6:15 am by Lawrence Solum
Loughlin’s thesis―that constitutionalism must cede if democracy shall thrive―is provocative enough to make this brilliantly written book one with which scholars will have to contend. [read post]
6 Jun 2022, 6:53 am by Howard Bashman
“Free-speech group will spend millions to promote First Amendment cases; Some backers see FIRE moving to take on fights ceded by ACLU”: Josh Gerstein of Politico has this report. [read post]
4 Jun 2022, 2:01 pm by Eric Biber
The Property Clause essentially ratified a compromise, whereby states with western claims (like Virginia) ceded those claims to the United States, in return for future admission of those lands as new, separate states. [read post]
3 Jun 2022, 3:29 pm by Chris Attig
Every school shooting is more evidence that we continue to force your freedom to live life – or your infant child’s freedom to live life – to cede ground to someone else’s freedom to purchase and load and transport and use a weapon of war. [read post]